Civil Liberties
1,368 Articles
Journalism and/as Espionage: A Surreply to Gabriel Schoenfeld
I suspect we’re quickly reaching the point in the conversation about the relationship between national security journalism and espionage in which everything has been said,…
Gabriel Schoenfeld Responds to Lederman and Vladeck
I thank both Steve Vladeck and Marty Lederman for commenting on my post, a post that was drawn from a longer article, Journalism or Espionage? just published in the fall issue…
The Shutdown and the Guantánamo Transfer Restrictions
Although folks disagree over how big an obstacle it really is, one of the bigger political (if not legal) obstacles to transferring detainees out of Guantánamo (to other countries)…
The Kris Paper, and the Problematic FISC Opinion on the Section 215 “Metadata” Collection Program [UPDATED Oct. 14]
If you haven’t done so already, you really ought to read David Kris’s very thoughtful and comprehensive paper on the Section 215 metadata collection program, a précis…
Intelligence Oversight and Surveillance Act — Language Now Available
Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act. The language of the proposed bill is not yet available on the Library of Congress’…
Making Sense of the NSA Metadata Collection Program and the “Administrative Search” Doctrine
As most people on the planet now know, the National Security Agency obtains detailed records of the “metadata” of essentially every call – domestic and international –…
Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance
A new bipartisan bill co-sponsored by two of the most vocal critics of the NSA does not go far enough to protect the average non-U.S. person from indiscriminate surveillance. …
The Coming Political Realignment?
For a summer full of remarkable moments in U.S. national security law and policy, one of the most unusual came on July 24, when an amendment to effectively de-fund the NSA’s…
Debate (Round 2): Metadata and the Fourth Amendment – A Response
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Debate (Round 2): Metadata and the Fourth Amendment
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Why David Miranda’s Case Is Harder Than It Looks
The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…
Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…